Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 936 (Admin) (02 May 2008)

Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 936 (Admin) (02 May 2008)

The claimant has an arguable case that the government's decision not to hold a referendum on the Lisbon Treaty may have frustrated a legitimate expectation, and the issues raised are justiciable and do not amount to a violation of parliamentary privilege. The claim is sufficiently arguable to grant permission to apply for judicial review.

Citation
[2008] EWHC 936 (Admin)
Parties
Claimant: Mr John Stuart Wheeler; First Defendant: Office of the Prime Minister; Second Defendant: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
02 May 2008
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission to apply for judicial review granted
Legal Topics
Legitimate Expectation, Referendum, Ratification of Treaties, Parliamentary Privilege, Justiciability
Administrative Law Constitutional Law European Union Law Legitimate Expectation Referendum Ratification of Treaties Parliamentary Privilege Justiciability

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Parties

Mr John Stuart Wheeler

Claimant

Office of the Prime Minister

First Defendant

Secretary of State for Foreign and Commonwealth Affairs

Second Defendant

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the government's decision not to hold a referendum on the Lisbon Treaty unlawfully frustrated a legitimate expectation
  2. 2 Whether the claim is justiciable
  3. 3 Whether the claim violates parliamentary privilege

Ratio Decidendi

The claimant has an arguable case that the government's decision not to hold a referendum on the Lisbon Treaty may have frustrated a legitimate expectation, and the issues raised are justiciable and do not amount to a violation of parliamentary privilege. The claim is sufficiently arguable to grant permission to apply for judicial review.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Permission to apply for judicial review is granted to the claimant